
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC978]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 978. Drug and alcohol abuse and dependency: testing of new 
        entrants
        
    (a)(1) The Secretary concerned shall require that, except as 
provided under paragraph (2), each person applying for an original 
enlistment or appointment in the armed forces shall be required, before 
becoming a member of the armed forces, to--
        (A) undergo testing (by practicable, scientifically supported 
    means) for drug and alcohol use; and
        (B) be evaluated for drug and alcohol dependency.

    (2) The Secretary concerned may provide that, in lieu of undergoing 
the testing and evaluation described in paragraph (1) before becoming a 
member of the armed forces, a member of the armed forces under the 
Secretary's jurisdiction may be administered that testing and evaluation 
after the member's initial entry on active duty. In any such case, the 
testing and evaluation shall be carried out within 72 hours of the 
member's initial entry on active duty.
    (3) The Secretary concerned shall require an applicant for 
appointment as a cadet or midshipman to undergo the testing and 
evaluation described in paragraph (1) within 72 hours of such 
appointment. The Secretary concerned shall require a person to whom a 
commission is offered under section 2106 of this title following 
completion of the program of advanced training under the Reserve 
Officers' Training Corps program to undergo such testing and evaluation 
before such an appointment is executed.
    (b) A person who refuses to consent to testing and evaluation 
required by subsection (a) may not (unless that person subsequently 
consents to such testing and evaluation)--
        (1) be accepted for an original enlistment in the armed forces 
    or given an original appointment as an officer in the armed forces; 
    or
        (2) if such person is already a member of the armed forces, be 
    retained in the armed forces.

An original appointment of any such person as an officer shall be 
terminated.
    (c)(1) A person determined, as the result of testing conducted under 
subsection (a)(1), to be dependent on drugs or alcohol shall be denied 
entrance into the armed forces.
    (2) The enlistment or appointment of a person who is determined, as 
a result of an evaluation conducted under subsection (a)(2), to be 
dependent on drugs or alcohol at the time of such enlistment or 
appointment shall be void.
    (3) A person who is denied entrance into the armed forces under 
paragraph (1), or whose enlistment or appointment is voided under 
paragraph (2), shall be referred to a civilian treatment facility.
    (4) The Secretary concerned may place on excess leave any member of 
the armed forces whose test results under subsection (a)(2) are positive 
for drug or alcohol use. The Secretary may continue such member's status 
on excess leave pending disposition of the member's case and processing 
for administrative separation.
    (d) The testing and evaluation required by subsection (a) shall be 
carried out under regulations prescribed by the Secretary of Defense in 
consultation with the Secretary of Transportation. Those regulations 
shall apply uniformly throughout the armed forces.
    (e) In time of war, or time of emergency declared by Congress or the 
President, the President may suspend the provisions of subsection (a).

(Added Pub. L. 97-295, Sec. 1(14)(A), Oct. 12, 1982, 96 Stat. 1289; 
amended Pub. L. 100-180, div. A, title V, Sec. 513(a)(1), Dec. 4, 1987, 
101 Stat. 1091; Pub. L. 100-456, div. A, title V, Sec. 521(a)(1), Sept. 
29, 1988, 102 Stat. 1972; Pub. L. 101-189, div. A, title V, Sec. 513(a)-
(c), Nov. 29, 1989, 103 Stat. 1440; Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(k)(4), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 103-160, div. A, 
title V, Sec. 572, Nov. 30, 1993, 107 Stat. 1673.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
978...................................  10:1071 (note).                      Se
pt. 28, 1971, Pub. L. 92-129,
                                                                              S
ec.  501(a)(2), (b), 85 Stat.
                                                                              3
61.
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---------------------------------

    The word ``regulations'' is added for consistency. The word 
``persons'' is omitted as surplus. The word ``person'' is substituted 
for ``individuals'' for consistency. The text of subsection (b) is 
omitted as executed.


                               Amendments

    1993--Subsec. (a)(3). Pub. L. 103-160 substituted ``within 72 hours 
of such appointment'' for ``during the physical examination given the 
applicant before such appointment'' and ``before such an appointment is 
executed'' for ``during the precommissioning physical examination given 
such person''.
    1990--Subsec. (c)(3). Pub. L. 101-510 struck out ``a'' before 
``whose enlistment''.
    1989--Subsec. (a)(1). Pub. L. 101-189, Sec. 513(a)(2), added par. 
(1) and struck out former par. (1) which read as follows: ``Except as 
provided in paragraph (2), the Secretary concerned shall require each 
member of the armed forces under the Secretary's jurisdiction, within 72 
hours after the member's initial entry on active duty after enlistment 
or appointment, to--
        ``(A) undergo testing (by practicable, scientifically supported 
    means) for drug and alcohol use; and
        ``(B) be evaluated for drug and alcohol dependency.''
    Subsec. (a)(2), (3). Pub. L. 101-189, Sec. 513(a), added par. (2) 
and redesignated former par. (2) as (3).
    Subsec. (b). Pub. L. 101-189, Sec. 513(b)(1), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``A person 
who refuses to consent to testing and evaluation required by subsection 
(a) may not be retained in the armed forces, and any original 
appointment of such person as an officer shall be terminated, unless 
that person consents to such testing and evaluation.''
    Subsec. (c)(1). Pub. L. 101-189, Sec. 513(b)(2)(B), added par. (1). 
Former par. (1) redesignated (2).
    Subsec. (c)(2). Pub. L. 101-189, Sec. 513(b)(2)(A), (C), 
redesignated par. (1) as (2) and substituted ``subsection (a)(2)'' for 
``subsection (a)(1)(B)''. Former par. (2) redesignated (3).
    Subsec. (c)(3). Pub. L. 101-189, Sec. 513(b)(2)(A), (D), 
redesignated par. (2) as (3), inserted ``who is denied entrance into the 
armed forces under paragraph (1), or a'' after ``A person'', and 
substituted ``paragraph (2),'' for ``paragraph (1)''.
    Subsec. (c)(4). Pub. L. 101-189, Sec. 513(c), added par. (4).
    1988--Pub. L. 100-456 substituted ``Drug and alcohol abuse and 
dependency: testing of new entrants'' for ``Mandatory testing for drug, 
chemical, and alcohol abuse'' in section catchline, and amended text 
generally. Prior to amendment, text read as follows:
    ``(a) Before a person becomes a member of the armed forces, such 
person shall be required to undergo testing for drug, chemical, and 
alcohol use and dependency.
    ``(b) A person who refuses to consent to testing required by 
subsection (a) may not be accepted for an original enlistment in the 
armed forces or given an original appointment as an officer in the armed 
forces unless that person consents to such testing.
    ``(c) A person determined, as the result of testing conducted under 
subsection (a), to be dependent on drugs, chemicals, or alcohol shall 
be--
        ``(1) denied entrance into the armed forces; and
        ``(2) referred to a civilian treatment facility.
    ``(d) The testing required by subsection (a) shall be carried out 
under regulations prescribed by the Secretary of Defense in consultation 
with the Secretary of Transportation. Those regulations shall apply 
uniformly throughout the armed forces.''
    1987--Pub. L. 100-180 substituted ``Mandatory testing for drug, 
chemical, and alcohol abuse'' for ``Denial of entrance into the armed 
forces of persons dependent on drugs or alcohol'' in section catchline, 
and amended text generally, revising and restating as subsecs. (a) to 
(d) provisions formerly contained in subsecs. (a) and (b).


                    Effective Date of 1989 Amendment

    Section 513(d) of Pub. L. 101-189 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] shall take 
effect as of October 1, 1989.''


                 Regulations; Implementation of Program

    Section 521(b), (c) of Pub. L. 100-456 provided that:
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations for the implementation of section 978 of title 10, United 
States Code, as amended by subsection (a), not later than 60 days after 
the date of the enactment of this Act [Sept. 29, 1988].
    ``(c) Effective Date.--The testing and evaluation program prescribed 
by that section shall be implemented not later than October 1, 1989.''


                             Implementation

    Section 513(b) of Pub. L. 100-180, as amended by Pub. L. 100-456, 
div. A, title V, Sec. 521(d), Sept. 29, 1988, 102 Stat. 1973, provided 
that:
    ``(1) The Secretary of Defense shall prescribe regulations for the 
implementation of section 978 of title 10, United States Code, as 
amended by subsection (a), not later than 45 days after the date of the 
enactment of this Act [Dec. 4, 1987].
    ``(2) [Repealed. Pub. L. 100-456, div. A, title V, Sec. 521(d), 
Sept. 29, 1988, 102 Stat. 1973].''
